ZBA delays action on Route 28 Habitat project

Friday

Jul 7, 2017 at 3:01 AM

By Susan Vaughn

HARWICH -- Cape Cod’s Habitat for Humanity staff had hoped that the long process to gain approval for an affordable housing project in West Harwich would be concluded at the zoning board of appeals meeting June 28, based on its amended application, but the ZBA continued it until July 26 at 6 p.m.

ZBA members asked mostly for minor revisions to the plan before deciding not to vote at the June hearing; after more than two hours of questions two members gave strong indications favoring approval.

Chairman David Ryer asked for the most revisions and conditions, going through the documents page by page, but later said, “I think it’s a good project once they have met all the conditions.”

Habitat is seeking a comprehensive permit under the state’s Chapter 40B statute to create an eight-lot subdivision to provide for six new single-family affordable homes on land behind 93 and 97 Route 28.

Two existing, historical buildings at the front of the parcel, the Judah Chase house, with three rental units, and an empty barn, are complicating the project.

Harwich Ecumenical Council for the Homeless, which owns the whole parcel, would sell the land, including the existing buildings, to Habitat, then Habitat would convey back to HECH the front of the parcel.

After that, HECH would sell the two buildings to a private buyer.

Victoria Goldsmith, executive director of Habitat, explained in an email after the meeting: “Habitat has never wished to own, develop or have the responsibility for marketing the front part of the property.”

She said the project has always been seen as a collaboration between the two community non-profits.

“It made sense to divide the project so Habitat could do we what do well and so HECH could determine the best way to proceed with the existing dwellings,” she said.

The sale agreement drew questions and concerns from the ZBA.

Member Dean Hederstedt said he did not want the older buildings to change use from residential, even though they are in a commercial zone.

Attorney Andrew Singer, representing HECH, assured the board that the prospective new owner of the buildings has agreed to keep them residential and any changes must be historically accurate under state requirements.

The main question that kept recurring was whether the two existing market rate buildings are part of the 40B affordable housing project.

Leedara Zola, project manager for Habitat, and Singer insisted that they are.

Paul Haverty, a new member of their team specializing in 40B housing, said the proposal was not that unusual for a 40B project, and cited some cases. He told the board members they could impose conditions on the final project.

ZBA member Franco Previd gave a mixed opinion. “I think it’s a great project. The majority of people believe in affordable housing,” he said, but added that he was torn on endorsing the project because of the town’s recent approvals and large investment toward wastewater improvements as well as neighborhood questions about the project being close to the Herring River.

He expressed concerns that the Title V septic systems were not adequate.

Dan Ojala of Downcape Engineering and consultant for Habitat, prepared a new site plan that moved a septic system away from the flood plain and he emphasized that the small project would have no impact on the wastewater issue.

“The huge wetland system will be just fine,” he said. “This is a drop in the bucket."

Attorney David Reid, representing the project’s neighbors, said the board and applicants had addressed most of their concerns, but he strongly disagreed with HECH’s transfer of the property back and forth. “HECH is never going to lose control,” he said.

Reid contended that 40B projects had to be all new buildings, not rehabilitated, and that the project is degrading the two existing buildings by taking open space land behind them.

“They have never been part of the project,” he said. “This is a hoax.” He said that part of the project should not fall under the ZBA’s authority.